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Politics & Government

Los Al Mayor Disputes Claim He Illegally Recorded Conversation

A flier slamming the Los Alamitos mayor for allegedly recording a conversation with other elected officials was on the minds of locals who attended Monday night's City Council meeting — some to criticize, some to show support.

Two residents called for Mayor Warren Kusumoto’s resignation. Others said they supported Kusumoto and the City Council. Still others cast suspicion on the motive behind the flier, suggesting it had something to do with a proposed development in neighboring Cypress.

The plan for a 33-acre trucking terminal/ distribution center along the two cities’ border has been a point of contention for a number of residents in Los Alamitos and the surrounding communities. Some residents say the development, which would house dozens of trucks, would promote business and increase local tax revenue; others say the pollution it generates would ruin the health of local children while also clogging and damaging local streets. 

During public comments Monday, resident J.M. Ivler said the mayor and City Council were standing up for residents in opposing the trucking terminal, and if someone spent thousands of dollars to distribute the flier to discredit Kusumoto, the mayor must be “doing something right.” 

“You’re protecting the community,” Ivler said. “You guys are doing the right thing.” 

The flier reads, in part: “Do You Want Accused Criminals Running Our City? Los Alamitos Mayor Warren Kusumoto is accused of illegal recording activities in violation of California Penal Code Section 632, as reported by the OC Breeze Newspaper.”

The mailer offered no contact information and included the not-so-informative statement, “Paid for by concerned Los Alamitos residents” at the bottom of one side. 

The flier refers to an accusation made by Cypress City Councilman Doug Bailey that Kusumoto recorded -- without permission -- a conversation the two men had with Assemblyman Travis Allen during a May 10 get-together at Spaghettini Rotisserie and Grill in Seal Beach.

Calls to Bailey were not returned. 

In a phone conversation with Patch on Tuesday, Assemblyman Allen said he didn’t want to comment about the recording device. He said he preferred to focus on fostering economic development between the two cities. “We’re trying to get both sides to come together and talk,” Allen said. “I think the two communities need to come together and work together for the betterment of both communities.”

At Monday’s council meeting, Kusumoto said he did meet with the two men and recorded the conversation, but without subterfuge.

“I told them I was recording,” Kusumoto said. “I placed it on the table we were sitting at.” 

Kusumoto, who said he often records meetings for note-taking purposes, said his understanding of California law was that he was supposed to disclose he was recording. According to Kusumoto, at one point Bailey accidentally knocked the recorder over and caught it, and Kusumoto said Bailey's action implied Bailey was aware he was being recorded. 

As for the flier, Kusumoto said he believed someone distributed it because “something’s at risk” -- specifically the 33-acre project that Kusumoto and the Los Al City Council opposes. Kusumoto would not comment on who he thought paid for the flier. 

But other attendees thought the flier was on target. 

Los Alamitos resident Carol Sylvia said Kusumoto’s actions had damaged relations with the Cypress City Council. 

“This is a felony, and it’s punishable by thousands of dollars of fines and prison terms,” Sylvia said. “I believe it is necessary that Mayor Kusumoto be replaced.”

Other residents, such as Jody Schloss, said they believed Kusumoto was a man of integrity and the flier was part of a campaign to dissuade Los Alamitos officials from opposing the 33-acre project proposed by industrial developer Prologis. 

Schloss said she didn’t know who funded the flier, but believes someone was trying to “pay back” the council for its opposition to the project.

“Whoever made the flier probably was not from Los Alamitos because Los Alamitos knows our council meetings start at 6 p.m. and the flier said 7 p.m.,” Schloss said. “And, at our meetings, it’s been like that for over a year. Whoever created it is clueless about many things on the flier.”

Mayor Pro Tem Gerri Graham-Mejia said she believes the flier is an attempt to distract from the real issues surrounding the trucking terminal. 

“Please don’t give in to this,” Mejia said. “Don’t let these smear tactics or these mean words that people came up and said tonight distract you. We’re doing the right thing.”

In addition to accusing Kusumoto of illegal recording, the flier also urged people to attend Monday’s City Council meeting and “request that Kusumoto resign before he can do more damage.” 

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